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If you feel you've been discriminated against at work or when you applied for a job, you may be able to bring a federal lawsuit against the employer. Title VII of the Civil Rights Act of 1964 prohibits qualified employers from discriminating against an employee or applicant. The law forbids discrimination against an employee or applicant on the basis of race, color, national origin, religion, or sex. Sex includes more than male or female. Sex includes pregnancy, sexual orientation, and gender identity. Discrimination is forbidden when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, or other terms or conditions of employment.
Additionally, it is unlawful to harass a person because of that person's sex. Harassment includes "sexual harassment," such as unwelcome sexual advances and requests for sexual favors. Harassment includes offensive remarks about a person's sexual orientation, gender identity, or pregnancy. The victim and harasser can be of any sex or of the same sex. The key to having a viable harassment claim is that the harassment must be so frequent or severe that it creates a hostile work environment or when there has been an adverse employment action by the employer.
Discrimination can be in two forms; Disparate Treatment, or intentional discrimination and Disparate Impact, discrimination resulting from a policy.
Before a federal suit can be filed, the complaintant must filed a charge with the Equal Employment Opportunity Commission, or "EEOC." Most people have 180 days to file a charge with the EEOC, but that time can be extended to 300 days by filing with the Pennsylvania Human Relations Commission.
For a sucessful claim, a plaintiff must show (1) they are a member of a protected class, (2) they were qualified for the position, (3) that an adverse employment action was taken against them, and (4) that a similary situated employee, not within the plaintiff's protected class, was treated more favorably.
If you feel that you've been a victim of workplace discrimination it is best to speak with a knowledgeable discrimination lawyer. Attorney Dutko has represented victims of employment discrimination in Berks, Lehigh, and Northampton Counties. Contact Dutko Law for a Free Consultation!
If you feel that you've been a victim of workplace discrimination and would like to speak with a local employment discrimination attorney in Reading, Allentown, Bethlehem, Easton, or the surrounding area call Dutko Law for a Free Consultation. No fee unless you win. Contact Dutko Law and let's start working on your federal discrimination claim.
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